Missed to file h4 extension and spent 180+ days in US after i94 expiry

Mostly NPT will get approve for h4, if you have strong reason to support your case. H4 Decision will take generally 3-4 months. This time might increase now due to covid scenario. but risk factor involved if you stay more. Even if you want to travel outside, it’s hard based on present situation.

It’s better go out of the country, once flights open. It will take more time to get stamped as you know consulates were closed in India. If she is not working then better to leave the country and stay there for few months until she get stamped.
You have below options

  1. Take risk few more months to get NPT decision.
  2. Go out of country once flights open and get it stamped in India and come back.

It’s all depend your decision.

Thanks Ricky for your suggestion

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Around the Mar 10, while you received NPT H4 approval for your spouse whether your Spouse already got visa stamped in India through your H1B petition? And also she was staying in India at that time? Wanted to know how to avoid abandoning NPT H4 petition!

My wife left the country while H4 NOT in process. H4 NPT was not abondoned in our case after left the country. She got stamped in India H4 before NPT approved.

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@ricky0708 Thanks Ricky. While She got H4 NPT approval she was in India right?

Yes, NPT approved while she is in india only

Thanks Ricky for your suggestion

Hi @Anil.Gupta & @ricky0708

I am facing similar issue.
I never know that H4 extension is required. I came to know that when my new employer asked documents for H1B transfer & H4 extension in March, 2020. My spouse I-94 was expired on 09-Sept-2019. I-94 was already expired more than 180+ days. I consult with attorney & file H4 extension with NPT (receipt dated: 13-Apr-2020) but biometric didn’t happen because of Covid . I didn’t plan any travel of my spouse due to COVID situation. H4 processing times will take around 5-6 months. Now, I have booked my spouse travel back to India on 30-Aug-2020 to prevent the I-94 expiry more than 365 days.

Quick Question:
Can I schedule appointment for H4 visa without any wait for H4 NPT result?
Did I have to mention any unlawful presence in US while filling DS160 form?

Any guidance.

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  1. You can schedule H4 visa once consulate opens, no dependency on H4 NPT result
  2. Yes, you have to mention in DS 160
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I will really appreciate if you can guide me, exactly what to mention (what type of details).

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Answer the questions promptly. Mention about unlawful presence when asked in ds160

Thanks @ricky0708,

I have mentioned regarding the unlawful presence & also that we filed the extension (included receipt number).

One quick question: Biometric didn’t happen (not got any dates) against this current H4 NPT due to COVID, will that have any impact?

No, you can mention, Your case is in processing


HI Ricky,

I am on h4 visa but my visa got denied and mtr as well due to non attending biometrics.

I94 : Admit date : 08/20/2019

1st H4 Extn + H1B Extn Applied on 06/21/2019

No Receipt/Bio metric received to home/Attorney address

2nd H4 Extn + H1B Applied on 04/05/2020 (Due to H1B expiry on 06/05/2020)

H4 Denial Notice Received on 05/11/2020

H1B Approved till 06/05/2023

MTR Filed (I290B) 07/08/2020

MTR Denial email Received : 08/19/2020

  1. After H4/MTR Denial how to proceed further and your suggestions ?

2.How many days can I still legally stay in USA?

  1. Will I face any BAN or rejections in case If I travel for H4 stamping in India ?

  2. Will I face POE issues after stamping ?

  3. Any other issues you could foresee ?

Your case is different. I can not suggest on this. Take some legal assistance from professional

Hi. I am on the same situation. Last year when my employer applied for extension, all my H4 dependents and me got approval through end of this year 12/31/2020 in I797.

While my I-94 at the bottom of I797 has the I-94 end date as 1/10/2021, all my dependents I-94 end date was printed as 1/10/2020 instead of 1/10/2021.

I know this could be a typo error by USCIS. I had put in a ticket with USCIS for the error. Not sure, if will correct and send me updated I-797.

If it comes negative, what would be my best option? Can I apply NPT, as my reason would be pretty acceptable as they miss typed the year or should they leave for stamping and come back?

Can we have little confidence that it could probably be approved? Another question is I may need to another extension for date after 12/30/2020.

Which means two extension I got to apply. Does it have complication?

Hi Anil, need your suggetion, today my wife/son (i 591 and i539a)h4 visa application has been returned with the cheques and i797 copy with rejection letter saying one of aplication type is not filled… we checked and understood that we missed tocking one of the check box.

My worry is now, my sons passport exiped on sep 9th, hence i94 also expired as valid date is sep 9th 2020, but visa is upto jan 31st 2021 in old passport.

We are resubmitying the h4 application immediately,but my son i94 is not valid, will it be a issue … one more quetion, is my son will fall ubder illegal stay . Kindly suggest…thanks in adavance.

Is my son comes to

Hi @ashok_tummaluru

If i94 has already expired, then you have to file H4 extension with NPT option. Once i94 expires, you are ‘out of status’ unless an application is already pending.

Thnak anil…but we have filed before the expiry of i94, which sep 9th , and now rejection came on 23rd sep and notice is you apllication is rejected and resumit the notice mentioned in application…kindly suggest

Hi @ricky0708 @anil_am22
Thanks for providing a ton of details.

My wife H4 Visa got approved & received. H4 NPT decision didn’t come yet (still in processing)
Can she travel back to the US without any issue?